Apple and Pear Export Charge Regulations (Amendment)

Overview

The Apple and Pear Export Charge Regulations (Amendment) 1984, issued under the authority of the Minister for Primary Industry, amends the existing Apple and Pear Export Charge Regulations to align with the recommendations made by the Australian Apple and Pear Growers’ Association. Enacted by the Parliament, the Apple and Pear Export Charge Act 1976 introduced a charge on the export of apples and pears from Australia to fund the activities of the Australian Apple and Pear Corporation. The amendment to the regulations, increasing the export charge from 9 cents to 11 cents per box of fruit, aims to support additional promotional activities by the Corporation in light of an expected larger crop in 1985. This adjustment ensures that the Corporation has adequate funding to manage its promotional efforts effectively, while staying within the maximum charge limit of 12 cents per box stipulated in the Act. The new regulations are set to take effect on 1 January 1985.

Scope and Application

The Apple and Pear Export Charge Regulations (Amendment) Statutory Rules 1984, issued under the authority of the Minister for Primary Industry, pertain to the export of apples and pears from Australia. The Act applies to all entities involved in the export of apples and pears, ensuring that a charge is imposed on these exports in line with the recommendations of the Australian Apple and Pear Growers’ Association. This charge, which has been adjusted from 9 cents to 11 cents per box of fruit, is intended to match the rate of the levy on domestic sales, thereby maintaining a consistent financial framework for the industry. The regulations ensure that the maximum permissible rate of 12 cents per box is not exceeded. The funds collected through these charges are allocated to support the administrative and promotional activities of the Australian Apple and Pear Corporation, particularly for increased promotional efforts in 1985 due to an anticipated larger than usual crop. These regulations extend across the entire Commonwealth, ensuring a uniform approach to the administration of the export charge throughout Australia.

Key Provisions

The Apple and Pear Export Charge Regulations (Amendment) Statutory Rules 1984 No. 386, issued under the authority of the Minister for Primary Industry, introduces modifications to the existing Apple and Pear Export Charge Act 1976. The primary operative sections (sections 7(3) and the regulation itself) involve the adjustment of the export charge on apples and pears from Australia. Specifically, section 7(3) mandates that the Governor-General must consider recommendations from the Australian Apple and Pear Growers’ Association before setting the charge rate. The amendment proposes raising the export charge from 9 cents to 11 cents per box of fruit, aligning it with the domestic sales levy to ensure a consistent financial framework for the Australian Apple and Pear Corporation's activities. The Act imposes several obligations on the parties it governs. Firstly, it requires the Governor-General to take into account the recommendations of the Australian Apple and Pear Growers’ Association when determining the export charge rate. Secondly, it mandates the setting of the charge at a level that ensures the Australian Apple and Pear Corporation can finance its administrative and promotional activities. The association's role is pivotal in advising the Minister on the appropriate charge rate, ensuring that the industry's interests are represented in the decision-making process. Breaching the provisions of the Apple and Pear Export Charge Regulations (Amendment) could result in various consequences. While the specific offences and penalties are not detailed in the provided text, it is likely that any non-compliance with the stipulated charge rates or failure to adhere to the recommended procedures could lead to enforcement actions. Typically, such breaches could result in fines or other administrative penalties, as is common with regulatory compliance issues in Australia. The exact penalties would depend on the nature and severity of the breach, but they are intended to ensure adherence to the regulatory framework designed to support the industry's promotional and administrative needs.